Chapter 494

2004 -- H 8366 AS AMENDED

Enacted 07/07/04

A N A C T

RELATING TO ELECTIONS - BALLOT SECURITY AND STORAGE

Introduced By: Representatives Lima, Cerra, Handy, Shavers, and Palumbo

Date Introduced: March 31, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Sections 17-19-33 and 17-19-39 of the General Laws in Chapter 17-19

entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to read

as follows:

17-19-33. Sealing of voting equipment -- Sealing and forwarding of results,

programmed memory cartridges and keys. -- (a) The four (4) copies of the printout tape from

the optical scan precinct count unit obtained pursuant to section 17-19-32 shall be distributed as

follows:

(1) The first copy, which includes the opening of the polling place information,

signatures of the warden and clerk, a timed audit trail of certain events occurring with respect to

the optical scan precinct count system and the vote totals for each candidate, shall be packaged

with the programmed memory cartridge and immediately delivered to the indicated site as

determined by the state board of elections where it is processed and immediately delivered to the

state board of elections;

(2) The second copy shall be posted at the polling place;

(3) The third copy shall be immediately delivered to the local board of canvassers

attached to the return sheet as provided in section 17-19-11, together with the polling place

supplies, including the key to the optical scan precinct count unit; and

(4) The fourth copy shall be included with the voted ballots and packaged pursuant to

this chapter.

(b) (1) The record book shall be placed in a paper wrapper and shall be directed to the

town clerk.

(2) The record book and envelope shall then be sealed with two (2) or more adhesive

labels affixed upon the envelope and package so that they cannot be tampered with, and the labels

shall be signed in ink by the warden and clerk. The envelope and record book shall not be opened

after they are once sealed up in the polling place, by any person whatsoever, except the officer to

whom they are addressed.

(3) The ballot applications, used and unused, shall be packaged separately and returned

to the local board of canvassers.

(4) All supervisor's reports and any other miscellaneous reports and supplies shall be

packaged and delivered to the local board for subsequent delivery to the state board.

(1) Remove all voted ballots from the first compartment of the optical scan precinct

count unit and package them in the container provided and labeled as regularly voted ballots; and

stored pursuant to section 17-19-39.1;

(2) Remove all voted ballots from the second compartment and package them in the

container provided and labeled as containing write-in votes; and

(3) Package all ballots that have not been counted in the container provided and labeled

for manual count.

(d) All ballots so packaged shall be immediately delivered to the local canvassing

authority and the local board shall be in session for the counting of any write-in votes and the

manual counting of any ballots packaged as having been removed from the emergency bin.

Forthwith upon completion of the counting of all write-in votes and manual count ballots the

local canvassing authority shall place said ballots in an appropriately labeled container which

shall remain in storage pursuant to the requirements of section 17-19-39.1.

(e) All marking pens, unused printout tapes, secrecy sleeves and other items related to

the voting equipment shall be packaged and delivered to the local board for later delivery to the

office of the state board of elections.

17-19-39. Power to open voting equipment. -- The state board of elections shall have

the right to open any and all voting equipment either before ,during or after an election in the

presence of the proper election officials of the city or town in which the election is held for the

purpose of examining the voting equipment; provided, that no programmed memory cartridge

shall be erased until after the expiration of ten (10) days from the election at which the voting

equipment was used., unless said memory cartridge is required by the state board for the purpose

of conducting recounts. ~~After the expiration of ten (10) days from the election at which the~~

~~ballots were cast, voted computer ballots that were counted at the state board shall be removed~~

~~from the ballot transfer cases and shall be held in sealed storage containers by the state board~~

~~until the expiration of twenty-six (26) months from the date of the election; voted computer~~

~~ballots that were counted at the local board shall be removed from the ballot transfer cases and~~

~~shall be held in sealed storage containers by the local board until the expiration of twenty-six (26)~~

~~months from the date of the election. The computer file containing ballot layout information and~~

~~candidate totals shall be transferred to a disk and retained permanently.~~

SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and

Voting Equipment, and Supplies" is hereby amended by adding thereto the following section:

17-19-39.1. Voted ballot storage and security. – Voted computer ballots that were

counted at the state board shall be stored in containers by the state board until the expiration of

twenty-two (22) months from the date of election and voted computer ballots that were voted and

packaged at a local precinct or counted at the local board shall be held and stored in containers by

the local board in accordance with the regulations promulgated by the state board until the

expiration of twenty-two (22) months from the date of election. The voted ballots shall remain

stored in the appropriate containers unless ordered to be opened by the state board or a court of

law. The computer file containing ballot layout information and candidate totals shall be

transferred to a disk and retained permanently.

Notwithstanding the requirements of this section, the state board shall have the authority

to examine and inspect the voted ballots subsequent to the certification of an election.

SECTION 3. This act shall take effect upon passage.

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LC03084

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